ANSWERS: 2
  • If you mean the outside of the residence, yes. If the neighbor is using high powered lenses to see within, this may be illegal. But if he just points a camera at your property, that is legal.
  • It is legal to photograph or record the 'pulic areas' of your residence, basically that is the area that can be seen by casual observer walking or driving by or on another piece of property. Local law or long standing custom may apply to alleyways or easements being accessable to the 'casual observer.' Recording ( or even observing) over, under, around, or thru a 'privacy' fence is not allowed. An observer on a roof is not casual. Observation from an upstairs window or even a ladder may be casual depending on the purpose of the ladder. There are several legitimate reasons to tape your property, including the effect of your property on other property values or taxes, or to record various code violations. Usually recording the comings and goings of you or visitors is not legal. Long term monitoring is not legal. 'Long term' is open to interpretation, it depends on the situation and can be as short as a few minutes. Generally if someone just sets up a camera. especially unattended, and turns it on to record till the tape runs out, that is long term monitoring. If your neighbor is taping your home and you don't know why, haven't asked, or been told, call the cops. An interesting (but possibly physically or legally risky, so ya mite wanta check with a lawyer or local authority first) thing to do if someone is taping you, is to record them recording you.

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